SCHAFFNER v. 514 WEST GRANT PLACE CONDO., ASS'N

No. 1-01-0441.

756 N.E.2d 854 (2001)

324 Ill. App.3d 1033

258 Ill.Dec. 580

Alan SCHAFFNER, Plaintiff-Appellee, v. 514 WEST GRANT PLACE CONDOMINIUM ASSOCIATION, INC., an Illinois not-for-profit corporation, William Wylie III, individually, and Bruce Gershenzon, individually, Defendants-Appellants.

Appellate Court of Illinois, First District, Third Division.

August 29, 2001.


Attorney(s) appearing for the Case

Richard S. Reizen, and Ellen Chapelle, Kubasiak, Fylstra, Reizen & Rotunno, P.C., Chicago, for Appellants.

Levin, McParland, Phillips & Minetz, LLC (Robert S. Minetz, of Counsel), Chicago, for Appellee.


Justice WOLFSON delivered the opinion of the court:

Three into two don't go—not when the three are the only unit owners in a condominium apartment building and the two are outside parking spaces that are part of the development but are not mentioned in the Declaration of Condominium Ownership.

The inevitable happened. One owner, a latecomer to the building, sued the other two owners who had staked claims to the two spaces by voting to amend the Declaration...

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